Disability discrimination in the workplace is a pressing issue that affects many employees in California. While laws like the Fair Employment and Housing Act (FEHA) provide robust protections, there are still widespread misconceptions about what these laws entail and how they apply.
These myths can leave employees vulnerable to discrimination or unaware of their rights. The Los Angeles employment law attorney at Leichter Law Firm, APC, Aryeh Leichter, clarifies these myths and empowers employees to stand up for their rights.
Myth 1: Only Physical Disabilities Are Protected
Disability protections under California law extend far beyond physical disabilities. Conditions such as mental health disorders, chronic illnesses, learning disabilities, and other non-visible impairments are also covered. For example, employees with anxiety, depression, or diabetes are entitled to the same protections as those with mobility impairments.
Myth 2: You Need a Formal Diagnosis to Be Protected
While having a medical diagnosis can strengthen your claim, it is not always necessary to receive protection under FEHA. What matters is whether your condition substantially limits one or more major life activities, such as walking, working, or concentrating. Even temporary conditions that meet this standard may qualify.
Myth 3: Employers Are Required to Accommodate Every Request
Employers are only required to provide reasonable accommodations for employees with disabilities. These accommodations must not impose an undue hardship on the employer’s business. Examples of reasonable accommodations include modified work schedules, assistive devices, or job restructuring. However, requests that are overly burdensome or impractical may not need to be granted.
Myth 4: Employers Can Fire You for Needing Accommodations
It is illegal for an employer to retaliate against or terminate an employee because they requested a reasonable accommodation. Unfortunately, retaliation does happen, and it can be disguised as poor performance reviews, demotions, or sudden termination. If this happens to you, consult a Los Angeles employment law attorney to explore your options.
Myth 5: Employers Don’t Have to Engage in the Accommodation Process
California law requires employers to engage in a good faith interactive process with employees who request accommodations. This involves a collaborative effort to identify and implement reasonable adjustments that enable the employee to perform their essential job duties. An employer’s failure to engage in this process can lead to legal liability.
Myth 6: Disability Discrimination Only Happens During Employment
Disability discrimination protections begin long before employment starts. Employers cannot discriminate against job applicants based on their disabilities, nor can they ask about medical conditions during the hiring process. These protections also extend to post-employment scenarios, such as wrongful termination or withholding benefits.
Myth 7: You Don’t Need Legal Help if Discrimination Occurs
While employees can file complaints with the Civil Rights Department (CRD) on their own, navigating disability discrimination cases can be complex. A skilled Los Angeles employment law attorney can help gather evidence, negotiate with employers, and pursue fair compensation for your losses.
Stand Up for Your Rights with Leichter Law Firm
Disability discrimination myths can create confusion and prevent employees from asserting their rights. If you believe you’ve experienced discrimination, don’t navigate the process alone. Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, to explore your options and pursue justice.